Prenup

74jax

I know it's not the best subject, but has any couple looked into these? My understanding is in the UK pre-nups aren't worth the paper they are written on.

Where there's a huge difference in assets, what, if anything are you doing to protect yourself?

DomRavioli

The law (In England and Wales anyway) comes before any written contract entered into, including pre-nuptual agreements. Why is it that you are looking to get one?

The law in England and Wales is based on the scenario that each party gets around half, but they do take into account what you have contributed - not necessarily what you had before you were married - during the marriage.

johannalf88

UK prenups are not legally binding- apparently they are just used as. Guidelines... (My DH is a trainee solicitor.)

As far as protecting ourselves- we have no money atm, but DH has great potential. I supported him through law school- so he just has to support me for as long! Seriously though, as we have no assets etc we don't even have a will- which reminds me we need to do one!!

mishelly

A court looks at them to see what you intended at the beginning of the marriage. As johannalf88 says they are not legally binding but they are more and more being taken into account by courts. This obviously all depends on how long the marriage is, if you have had children, assets prior to the marriage and what assets have been built up in the marriage.

They would be worth doing if there was a considerable difference in assets.

I'm also a trainee solicitor and we have no money either!!!

74jax

I posted this on the family boards and got some good advice regarding making a financial agreement, so will look into those.

cats2012

We have a fair difference in assets, I had our whole house deposit and earn considerably more than my OH.

But I wouldn't be getting married if I was considering a pre-nup. End of.

A very blunt opinion I know and sorry to those who disagree

Idiophreak

cats2012 wrote: »

But I wouldn't be getting married if I was considering a pre-nup. End of.

I agree with this 100%...

I view pre-nups a little as setting yourself up for failure, but more importantly - if my wife left me, any loss of assets would be the very least of my concerns.

CompBunny

Idiophreak wrote: »

I agree with this 100%...

I view pre-nups a little as setting yourself up for failure, but more importantly - if my wife left me, any loss of assets would be the very least of my concerns.

That is exactly how my hubby-to-be sees it! I feel the same, but admire this as I have very little (don't work due to illness) but he has a good job and the potential to go far.

Thankfully, we have seen difficult financial times together when neither of us have been in employment and also times (at the beginning of our relationship) when I helped him so there is no doubt that either of us is in this for the money.

However, each situation is different and every couple is different. I'm pretty sure some friends of mine would want a pre-nup if they got married simply because one of them is very cautious.

It is my understanding that courts are starting to view prenuptial agreements more seriously since a case in 2010 but they are still not officially legally binding. I think this may happen in the next 10 years. http://www.blackdownfamilylaw.co.uk/prenuptial-agreements.html this link has information on that case and some other info surrounding pre-nups but do keep in mind it has been written by a solicitors firm!

"In conclusion, the courts will look at Pre-Nuptial Agreements on a case by case basis and until there is legislative reform, retain discretion to disregard them although following the Supreme Court’s decision, this is now only likely to be in circumstances where the agreement is unfair, particularly to any children of the family."

Idiophreak

It's a curious thing...given that, following the signing of a pre-nup, many of these people will have to stand and say, with witnesses "all that I have I share with you"...

I'd have thought most courts would view that agreement (albeit verbal) as superseding the older, written contract

LEJC

marriage in my mind is a partnership and as such a pre nup is not part of that.

Over time boundries change and as you go through life the distiction of "whats mine and whats his" starts to blur into "whats ours"

lazer

cats2012 wrote: »

We have a fair difference in assets, I had our whole house deposit and earn considerably more than my OH.

But I wouldn't be getting married if I was considering a pre-nup. End of.

A very blunt opinion I know and sorry to those who disagree

I agree with this too - if you are getting married, its for life, so no pre-nup required

I am happy for my husband to now be part owner of my house now!

In the event of a spilt the law divides assets and it is not always a 50/50 spilt - the judge decides depending on a lot of factors - children, did one party give up a lucrative career, contribution, ownership of assets before marriage etc.